JD Sharp

The applicant hospital sought judicial review of an arbitral award which concluded that physician assistants fell within the scope of the paramedical bargaining unit under the collective agreement.

The hospital argued the arbitrator exceeded his mandate and applied an overly broad definition of 'paramedical'.

The Divisional Court dismissed the application, finding that the arbitrator's interpretation of the collective agreement was reasonable, grounded in the ordinary meaning of the word, the parties' practice, and labour jurisprudence, and did not improperly sweep in other excluded employee groups.

The appellant appealed a Small Claims Court decision dismissing its claims for fraud and conspiracy against a former employee and a supplier.

The employee had arranged for the supplier to provide gifts to employees in lieu of overtime pay, using falsified invoices to conceal the purchases from the corporate parent.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusions that the company suffered no actual damage and that the defendants lacked the requisite intent to cause harm.

The court also rejected the appellant's argument that the trial judge's comments during the hearing created a reasonable apprehension of bias.